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does not occur within two years of the occurrence of a previous offense involving the <br /> same provision. <br /> (b) An owner convicted of an offense shall be sentenced as follows: <br /> (1) A fine of $50 if the offense did not occur within two years of the occurrence of a <br /> previous offense involving the same provision; <br /> (2) A fine of $100 if the offense occurred within two years of the occurrence of one <br /> previous offense involving the same provision; or <br /> (3) A fine of not less than $500 nor more than $1,000, imprisonment not exceeding <br /> thirty days, or both, if the offense occurred within two years of the occurrence of <br /> two or more previous offenses involving the same provision. In lieu of a term of <br /> imprisonment, the court may order the defendant to serve a period of probation of <br /> not more than six months in accordance with the procedures, terms and conditions <br /> provided in chapter 706, part II, Hawaii Revised Statutes. <br /> The fines provided for in this section shall be imposed without the possibility of <br /> suspension. As part of the sentence for any offense, the court also may order the owner <br /> to attend a training program conducted or designated by the animal control contractor or <br /> train an animal, farm animal, or poultry in a manner recommended by the contractor to <br /> stop the animal nuisance which caused the offense. The cost of attending any training <br /> program conducted or designated by the animal control contractor shall be paid for by the <br /> owner. <br /> (c) For the purpose of this section: <br /> (1) "Provision" means a prohibition or requirement under a section or subsection <br /> listed in the following: section 4-6, section 4-7(b), section 4-8(a), section 4-8(b), <br /> section 4-8(c), or section 4-8(d); <br /> (2) An offense shall be deemed to have occurred on the date of the summons or <br /> citation identifying the offense; and <br /> (3) A person who commits an offense within two years of the occurrence of a <br /> previous offense involving the same provision shall be subject to the escalating <br /> penalty of subsection (b)(2) or (3), even if the enclosures or animals involved in <br /> the offenses differed. <br /> Section 4-14. Annual report required. <br /> The animal control contractor shall render a full report of its activities and operations <br /> relating to the enforcement of this article to the mayor and the council within one month after the <br /> end of each fiscal year. <br /> Section 4-15. Severability. <br /> If any provision of this article is held for any reason invalid by a court of competent <br /> <br /> ,jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. <br /> 5 <br /> <br />